- Statutory Text
- Plain English Explanation
- Frequently Asked Questions About NRS 689A.040
- What provisions are required in Nevada health insurance policies?
- Can insurance companies change the wording in my policy?
- Who approves changes to health insurance policy language in Nevada?
- Can an insurance company leave out required provisions?
- What happens when a policy provision conflicts with the actual coverage?
Statutory Text
1. Except as otherwise provided in subsection 2, each such policy delivered or issued for delivery to any person in this State must contain the provisions specified in NRS 689A.050 to 689A.170, inclusive, in the words in which the provisions appear, except that the insurer may, at its option, substitute for one or more of the provisions corresponding provisions of different wording approved by the Commissioner which are in each instance not less favorable in any respect to the insured or the beneficiary. Each such provision must be preceded individually by the applicable caption shown or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the Commissioner may approve.
2. If any such provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the Commissioner, may omit from the policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such a manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
(Added to NRS by 1971, 1753; A 1973, 547; 1985, 1059; 2007, 3237; 2013, 3610; 2019, 1429)
NV Rev Stat § 689A.040 – Last Verified February 2026
Plain English Explanation
Nevada law sets specific rules about what must be included in health insurance policies sold in the state. This statute tells insurance companies how to write the required provisions in their policies.
The Basic Requirements
Every health insurance policy delivered or issued in Nevada must include certain mandatory provisions. These provisions are spelled out in Nevada Revised Statutes sections 689A.050 through 689A.170. Insurance companies generally have to use the exact wording from these statutes when they write their policies.
However, insurance companies do have some flexibility. They can substitute different wording if they want to, but only under certain conditions. The Nevada Insurance Commissioner must approve any different wording. Additionally, the substitute language cannot be less favorable to the policyholder or beneficiary in any way. It must be equal to or better than the original statutory language.
Each required provision needs to have a caption or heading. Insurance companies can use the standard captions shown in the statute. They also have the option to create their own captions as long as the Commissioner approves them. These captions can be individual headings for each provision or grouped captions that cover multiple related provisions.
When Provisions Don’t Fit
Sometimes a required provision does not make sense for a particular type of insurance policy. Other times a provision might contradict the actual coverage that a specific policy provides.
When this happens, insurance companies can request changes from the Commissioner. If a provision simply does not apply at all to a certain policy, the company can leave it out entirely. If a provision conflicts with the coverage in the policy, the company must modify that provision to make it consistent with what the policy actually covers.
Any time an insurance company wants to omit a provision or change it, they need approval from the Commissioner first. This requirement protects consumers by making sure an independent regulator reviews any departures from the standard policy language.
Frequently Asked Questions About NRS 689A.040
What provisions are required in Nevada health insurance policies?
Nevada health insurance policies must contain specific provisions outlined in NRS 689A.050 through 689A.170. These are mandatory provisions that protect policyholders. Insurance companies must include these provisions using either the exact statutory language or alternative wording that the Nevada Insurance Commissioner has approved. The alternative wording cannot be less favorable to the insured person or beneficiary than the original statutory language.
Can insurance companies change the wording in my policy?
Yes, but with limitations. Insurance companies can substitute different wording for the required provisions, but only if the Nevada Insurance Commissioner approves the changes. The substitute language must be equal to or better than the original statutory language in every respect. It cannot reduce any benefits or protections for the policyholder or beneficiary. This rule ensures that consumers receive at least the minimum protections required by Nevada law, even when policies use different wording.
Who approves changes to health insurance policy language in Nevada?
The Nevada Insurance Commissioner has the authority to approve any changes to required policy provisions. This includes approving substitute wording that differs from the statutory language, as well as approving the omission or modification of provisions that do not apply to certain types of policies. The Commissioner serves as an independent regulator who reviews proposed changes to ensure they protect consumer interests.
Can an insurance company leave out required provisions?
An insurance company can only omit a required provision if it is completely inapplicable to that particular type of policy and the Commissioner approves the omission. For example, a provision that applies to one type of health coverage might not make sense for a different type of coverage. The company must get permission from the Commissioner before leaving anything out. They cannot simply decide on their own to skip required provisions.
What happens when a policy provision conflicts with the actual coverage?
When a required provision is inconsistent with the coverage a policy actually provides, the insurance company must modify that provision to make it consistent. The company cannot simply include contradictory language in the policy. Any modification requires approval from the Nevada Insurance Commissioner. The modified version must accurately reflect what the policy covers while still protecting the policyholder’s interests.
If your insurance company has denied a claim or you believe your policy language violates Nevada’s required provisions, you need experienced legal guidance to protect your rights. Contact Wooldridge Law Injury Lawyers today for a consultation about your insurance dispute and let our team fight to ensure you receive the coverage you deserve under Nevada law.
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